Subagyo

MEMORANDUM

Toto Subagyo, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. See Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant in part and deny in part the petition for review.

The agency’s finding that the harm Su-bagyo suffered did not constitute past persecution is supported by substantial evidence. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006); Zehatye, 453 F.3d at 1186 (government seizure of a business, absent a threat to life or freedom, does not rise to the level of persecution). However, in analyzing Subagyo’s fear of future persecution under the disfavored group analysis, the BIA appears to have erroneously required a showing of past persecution in order to show an individualized risk. See Sael v. Ashcroft, 386 F.3d 922, 927, 929 (9th Cir.2004); Hoxha v. Ashcroft, 319 F.3d 1179, 1183-84 (9th Cir.2003) (threats and…